Can Evaluate Executive And Judicial Officials, DPR Rules Called Blasphemous Principles Of Trias Politics

Photo Certificate: Illustration of Asas Trias Politica.(reference zone)

JAKARTA - Director of the Center for Constitutional, Democracy and Community Studies (SIDEKA) UIN Samarinda, Suwardi Sagama criticized the revision of the Order (Tatib) which should apply internally but gives the DPR the authority to evaluate state officials.

The rules that are internal but taken out show the lack of reference or even failure in carrying out their duties and functions as legislature. The highest law is the constitution, in this case the 1945 Constitution. There is a theory of the hierarchy of laws and regulations. This means that the regulations made under the constitution refer to the law above it," he said, Sunday, February 9, 2025.

As is known, the Legislation Body of the DPR approved the revision of DPR Regulation Number 1 of 2020 concerning Order or the DPR's Procedures proposed by the Honorary Court (MKD). In the revision, the MKD proposed the addition of one article, namely Article 228A.

This article gives the authority for the DPR to conduct periodic evaluations of the heads of institutions and ministries agreed at the plenary meeting. The evaluation will be carried out by the relevant commission and the results will be binding to be followed up in accordance with the applicable mechanism.

With the ratification of the revision of the contract, all state officials appointed in the DPR plenary meeting can be evaluated by the parliament, including the KPK leaders, KPU commissioners, Bawaslu members, as well as MK and MA judges.

Suwardi emphasized that the revision of the DPR's Tatib had violated the principles of the Trias Politics adopted by Indonesia. This is because the DPR now seems to have the authority like an executive institution that can evaluate and recommend dismissing state officials.

Members of the DPR, he said, wanted to expand their authority not only to vote, but also to dismiss state officials. This shows that the DPR for the 2024-2029 period does not understand the concept of state administration, where the constitution has divided the functions of each state institution.

"The DPR should carry out its duties and functions as a legislature, as a separation that has given authority to other powers, namely it is in the executive and judiciary. This can be a bad precedent for the DPR institution and tarnish its image," said Suwardi.